Why the Use of an Engagement Letter Should Never be Optional

See - Why the Use of an Engagement Letter Should Never be Optional





"x x x.

What should an engagement letter cover? For first time clients, consider addressing the following issues.

• Identify who is and, when necessary, who isn’t the client.
• Set forth the scope of representation and detail any exclusions or limitations to the work, particularly if unbundling (taking on a limited scope of representation matter). 
• Discuss the rate or basis of the fee, when or how the rate may change, how frequently invoices will be sent, when payment is expected, and who will be responsible for paying. Detail how advances will be handled and what costs and expenses the client will be responsible for and when.
• Identify any conflict issues involved and discuss and fully disclose the impact to the client if the client elects to proceed with the representation with the conflict in play. With significant conflict issues, consider advising the client to seek outside advice about agreeing to move forward with the conflict in play.

Beyond these basics, a more formal engagement letter can also be used to inform the client about the obligations of both the lawyer and the client during the representation. You might consider discussing the conditions under which additional work will be accepted, how work on the matter will proceed, how and when phone calls will be returned, how fee disputes will be addressed, the circumstances that could result in withdrawal, how and when the representation will end, and/or the specifics of your file retention destruction policy.

x x x."

- See more at: http://www.alps411.com/blog/managing-your-practice---musings-of-a-risk-manager/why-the-use-of-an-engagement-letter-should-never-be-optional#sthash.mjnacypH.dpuf